Are We About to Execute Yet Another Possibly Innocent Person?

Kevin Keith is scheduled to be executed in Ohio on September 15, 2010. Despite his claims that he was convicted based upon faulty eye-witness identification (the leading cause of wrongful convictions in the nation); that he had an alibi supported by four witnesses; and that there was no forensic evidence that conclusively connected him to the crime for which he was convicted, every court has rejected his claims and constant protestations of innocence since his conviction 16 years ago. He faces execution as a result.

New evidence has been unearthed since his conviction which suggests improper influence in Mr. Keith's identification by an adult survivor of the shooting in which three persons were killed, and one adult and two children were wounded. In the same respect, other eye-witness identifications appear to be flawed or tainted by improper influence and suggestion

Furthermore, information was developed that points to another suspect whose conduct and statements clearly appear to implicate him in the crime. A seven year old survivor of the shooting excluded Mr. Keith and identified someone else by name as the shooter -- the brother of this other suspect. There is also contradictory evidence by a nurse regarding the alleged naming of Mr. Keith by the adult survivor of the shooting, who told at least four persons that he did not know who the shooter was. The other facts supporting Mr. Keith's claim are too numerous to set forth here, but they are equally compelling.

In considering these cases, I am willing to recognize that many guilty persons claim that they are innocent; that both the judicial system and the family of victims need and are entitled to closure; and that procedural rules are necessary for such closure and to avoid repetitive and endless petitions for relief. However, there are those cases with growing frequency that cry out for a fresh look, a relaxation, if necessary, of the rules, where the choice is between executing a possibly innocent man or giving him the opportunity to establish his wrongful conviction and actual innocence. This may very well be such a case. To grant him the relief which he seeks is to render justice; to execute him at this juncture without more -- is to deny it.

Disclosure: I have joined in a petition to grant clemency for Kevin Keith with thirty-one other former judges and prosecutors filed today with Governor Strickland and the Ohio Parole Board.

 

Comments

[Terence Lenamon]

12:40 PM on 09/03/2010

Judge Sarokin,
First let me express my thanks at the public stance you have taken in this matter - both by writing this post as well as placing your name upon the petition. I'm sure that I stand with many in gratitude for your actions.

And now that your efforts have been successful with the clemency granted yesterday to Mr. Keith by Governor Strickland, one has to wonder if it will have any impact upon the analogous situation that exists in Georgia, with its Death Row Inmate Troy Davis.

As a experienced, death qualified defense attorney practicing in Miami, I am concerned that Mr. Davis will not experience the mercy that has been granted to Mr. Keith.

I've written in detail about it here, on my DeathPenaltyBlog:
http://www.deathpenaltyblog.com/ohio-governor-stops-execution-of-death-row-inmate-kevin-keith-is-this-the-answer-for-troy-davis/index.html

I would be very interested to know your thoughts on this, Your Honor.

Sincerely,
Terry Lenamon, Esq.
deathpenaltyblog.com

[MTibbs]

10:08 PM on 08/10/2010

Why do we allow our gov't to kill its citizens? And of course it's almost always the "small gov't" conservatives who are so gung-ho for capital punishment.

[thinkingwomanmillstone]

04:22 PM on 08/10/2010

I will never understand the court system's refusal to look into possibly exculpatory evidence. I am against the death penalty due to the irreversible nature of making an error as well as the uneven application of the death penalty. Justice is supposed to be blind and equally applied and statistics clearly show that the death penalty is not. However, even if I were in favor of the death penalty, I would always want certitude that the person being executed is,in fact, guilty of the crime. For every doubt and outright mistaken conviction only weakens the arguments in favor of the death penalty. Considering the circumstances that Judge Sorkin has described, the prosecutors, judge and jurors in this case should be at the front of the line of those wanting furher proof of innocence or guilt of this defendant.

[Judge H. Lee Sarokin]

08:09 PM on 08/10/2010

thinkingwomanmillstone - Yes, it is difficult to understand, why, for instance, if there is DNA evidence that may exonerate a death row inmate (or any convicted defendant for that matter), that there is such dogged resistance to testing the evidence.

[James Ballard]

03:07 PM on 08/12/2010

@ "thinkingwomanmillstone"
2:00 PM CST

Quote :

"...even if I were in favor of the death penalty, I would always want certitude that the person being executed is,in fact, guilty of the crime..."

No such animal as "certitude" in the law. The law is theater, not reality. This affirmative fact alone is sufficient to abolish the death penalty.

...Or should be, provided the right people are wearing the right costumes, bearing the same sheepskins, at the right time, in the right place...

The law is theater. Not reality. Centuries of blood letting, pain and suffering and countless lives have been taken under the guise of "law".

J.B.
8/12/10

[zx880]

03:48 PM on 08/10/2010

I believe capital punishment used way too often in some states. It's one thing for there to be closure and justice, it's another for there to be revenge. That's not to say that I'm entirely opposed. There are cases to horrible that the death penalty may be the only suitable remedy.

However, given what I feel is the current overuse, and certainly given the permanence of the sentence, for me it would seem that reasonable doubt may not be a strong enough burden of proof for the use of the death penalty. Does a stronger level of burden of proof exist that the courts could and would use?

[Judge H. Lee Sarokin]

08:17 PM on 08/10/2010

zx880 - I don not think the problem is with the burden of proof, but rather with the nature of it. The system is imperfect, but as long as we persist in having the death penalty, every avenue must be left open to the convicted defendant to establish his innocence.

[mamalisa38]

03:41 PM on 08/10/2010

I remember years ago watching a clip on tv. A professor, in an auditorium style classroom full of students, had someone run in and steal something and run out. I was amazed at the number of different descriptions of the person that were given by the "witnesses."

As for closure for the family, nothing will ever bring that, not even the execution of the perp. I had a very good family friend murdered and the killer was sentenced to life w/o parole. Execution would not have made the pain and heartache go away.

I live in Ohio and will be contacting Governor Strickland regarding this.

[Judge H. Lee Sarokin]

08:15 PM on 08/10/2010

mamalisa38 - That technique is used frequently now in law schools to demonstrate the unreliability of eye-witness identification. Thank you for your support. It is difficult to imagine anything much worse for a state to do than execute an innocent person. As long as we have the death penalty, we should do everything possible to assure the guilt of the defendant before proceeding and most certainly consider evidence of his innocence.